Krishna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19656 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -NAWADA MUFFASIL District- NAWADA ====================================================== Krishna Yadav, Son of Late Lakhan Yadav, Resident of Village- Baratpura, P.S.- Moffasil, District- Nawda.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Dr. Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Muffasil P.S. Case no. 04 of 2017, registered under Sections 324, 326, 307 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that on 30.12.2016 the informant, his father and uncle was irrigating his field. At that time, three persons named in the F.I.R. including the petitioner reached there and started abusing to the father of the informant, who made protest saying that the land belong to him. Thereafter, on the order of Krishna Yadav (petitioner), Kaushal Yadav made firing on the father of the informant, but bullet did not hit to his father, then Kaushal Yadav again made firing, which hit at the leg of father of informant. Learned counsel for the petitioner submits that it would

Patna High Court Cr.Misc. No.19656 of 2017 (3) dt.24-08-2017 2/2 appear from the F.I.R. that the allegation of filing is against co-accused Kaushal Yadav and Karu Yadav and petitioner was only present there. Further submission is that the injury to informant Pankaj Kumar is not mentioned anywhere in the case diary, which is upto paragraph 86. Further submission is that, in fact, petitioner is father of Kaushal Yadav and due to that reasons, he has falsely been implicated in this case.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Muffasil P.S. Case No. 04 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T